Justice Isa H. Dashen of a Federal High Court sitting at Yenagoa has given a declaration that the publication of the Economic and Financial Crimes Commission (EFCC) in the Guardian Newspaper published on June 8, 2022, at page 36, declaring two people; Pastor Οyinmiebi Biribena and his wife Pastor Beatrice Biribena, wanted without a valid court order is unjustified, unlawful and unconstitutional.
The judge gave the declaration while ruling on a matter delineated FHC/YNG/CS/132/2022 which was filed on June 10, 2022 seeking for the enforcement of their Fundermental Human Rights of the duo Οyinmiebi and Beatrice Biribena against the EFCC and Wilson Umujaren.
The court entered judgement in favour of the duo of Οyinmiebi and Beatrice Biribena and resolved the sole issue against the EFCC and Wilson Umujaren.
The court also declared that the EFCC’s Guardian Newspaper Publication of the June 8, 2022 at page 36, declaring the duo wanted without a valid court order, constitutes a breach of their fundamental rights to personal liberty, freedom of movement, right to private and family life and dignity of human person as guaranteed by Sections 34(1), 35(1) 37 and 41(1) of the 1999 Constitution of the Federal Republic of Nigeria (As amended), and Articles 4, 5, 6 and 12(1) of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, Cap A9, Laws of the Federation, 2004.
Further, Justice Dashen gave an order directing and compelling the EFCC to offer a public apology to the duo of Οyinmiebi and Beatrice Biribena, for the unlawful and unconstitutional Guardian Newspaper Publication dated the June 8, 2022 at page 36, declaring them wanted without a valid court order.
The court also gave an order restraining the EFCC from inviting, harassing, arresting and detaining Οyinmiebi and Beatrice Biribena, pending determination of Suit FHC/YNG/CS/125/2022 between Bliss Multinational Perfections Limited and another vs Economic and Financial Crimes Commission, Justice Dashen also awarded the sum of N10,000,000.00 (Ten Million Naira) as exemplary damages against the EFCC and Wilson Umujaren, jointly and severally, for the unlawful infringement of the fundamental rights of Οyinmiebi and Beatrice Biribena and the psychological trauma and humiliation they suffered as a result of the unlawful and unconstitutional Guardian Newspaper Publication dated June 8, 2022 at page 36, declaring them wanted without a valid court order.
Bribena is the Pastor in charge Christ Embassy Church Kumasi Ghana.
Meanwhile in a sister case delineated FHC/YNG/CS/125/2022 between Bliss Multinational Perfections Limited and Οyinmiebi Biribena vs the Economic and Financial Crimes Commission, Justice Dashen while ruling on the Originating Summons filed on June 7, 2022 granted some declarations in favour of the applicants against the EFCC.
The court declared that by virtue of the provisions of Sections 49 and 50 of the Nigeria Co-operative Societies Act, 1993, Cap C.35, Laws of the Federation of Nigeria, 2004; and Section 51 of the co- operative Societies Law of Bayelsa State Cap C11, 2006, members of Baraza Multipurpose Co-operative Society cannot report any dispute arising from transactions between themselves and the Co-operative Society, to any security agency or resort to any court of law without first reporting to the Registrar/Director of Bureau of Co-operative Societies, Bayelsa State.
It also declared that by the interpretation of the provisions of Sections 49 and 50 of the Nigeria Co-operative Societies Act, 1993, Cap C.35, Laws of the Federation of Nigeria, 2004; and Section 51 of the Co-operative Societies Law of Bayelsa State Cap, C11, 2006, the defendant cannot interfere in any dispute between members of Baraza Multipurpose Society arising from the registered business objects of the co- operative society.
Further, the court declared that by the provisions of the Economic and Financial Crimes Commission Act, 2004, the EFCC is not empowered to wade into disputes borne out of civil transactions arising from the registered business objects of the cooperative society and that by the provisions of Economic and Financial Crimes Commission Act, 2004, the EFCC cannot seize properties belonging to the plaintiffs which are clearly not proceeds to crime.
Justice Dashen in addition gave a declaration that the seizure and sealing Bliss Multinational Perfections Limited’s property situated at No. 1 Otiotio Road, Yenezue-Gene, Yenagoa, Bayelsa Bayelsa State (known as Bliss Emporium) not being proceeds of any crime, by the EFCC is wrong, unlawful and ought to be returned.
He also declared that the seizure and sealing of the jointly owned property of Bliss Multinational Perfections Limited and Οyinmiebi Biribena,situate at No. 57, Green Villa Road, Biogbolo, Yenagoa, Bayelsa State, not being proceeds of any crime, by the EFCC is wrongful, unlawful, and ought to be returned.
Also, he declared that the seizure and sealing of Bliss Multinational Perfections Limited and Οyinmiebi Biribena’s jointly owned property situate at No. 57, Green Villa Road, Biogbolo, Yenagoa, Bayelsa State, not being proceeds of any crime, by the Defendant, is wrongful, unlawful and ought to be returned.
The court in addition declared that the EFCC’s instructions to Οyinmiebi Biribena’s bankers to place a Post-No-Debt/lien or freeze on his bank accounts on account of purported criminal investigation of fraud on the occasion of disputes arising from ciivil transactions between members of a co-operative society to wit, Baraza Multipurpose Co-operative Society, without recourse to the registrar or director of Bureau of Co-operative Societies, Bayelsa State, is wrongful, unlawful and ought to be unfrozen.
The court subsequently gave an order of PERPETUAL INJUNCTION directing and compelling the EFCC to refrain from inviting, threatening to arrest, threatening to detain, actual arrest, detention and harassment of the Οyinmiebi Biribena, over disputes arising from transactions of Baraza Multipurpose Co-operative Society.
It also ordered EFCC to immediately return the seized property belonging to Bliss Multinational Perfections Limited, situate at NO. 1, Otiotoio Road, Yene-Gene, Yenagoa Baylesa State (Known as Bliss Emporium) as the described property was not gotten from proceeds of any crime and also immediately return the seized property jointly belonging to
Οyinmiebi Biribena, situate at No. 57 Green Villa Road, Biogbolo, Yenagoa Bayelsa State.
The court also ordered EFCC to immediately withdraw any instruction(s) directing Οyinmiebi Biribena’s bankers to place a Post-No-Debt or lien or freezing of his bank accounts as well as an Order of Perpetual Injunction restraining the EFCC, its servants and agents from inviting, harassing, arresting, detaining, threatening to arrest or detaining the Plaintiff’s as a result of the civil dispute between Baraza Multipurpose Co-operative Society Limited and her members, or on matters arising from the registered business objects of the co-operative society.
However, instead of the the one hundred Million Naira requested, the court granted the sum of ten million naira only against the EFCC in favour of the plaintiffs as exemplary damages, for the unlawful seizure/attachment of the properties belonging to the duo.
